S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9441--A
 
                           I N  A S S E M B L Y
 
                              March 14, 2024
                                ___________
 
 Introduced  by  M.  of  A.  HUNTER, BUTTENSCHON, MILLER -- read once and
   referred to the Committee on Correction -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the correction law, in relation to the  use  of  certain
   county  jails;  to  amend  the county law, in relation to the legisla-
   ture's approval, ratification, validation and confirmation of  county-
   tribal detention agreements between the Oneida Indian Nation and Madi-
   son  county and Oneida county; and providing for the repeal of certain
   provisions upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  500-a of the correction law is amended by adding
 two new subdivisions 2-u and 2-v to read as follows:
   2-U. THE MADISON COUNTY CORRECTIONAL FACILITY MAY ALSO BE USED FOR THE
 DETENTION OF INDIVIDUALS DETAINED AND IMPRISONED UNDER THE AUTHORITY AND
 JURISDICTION OF THE ONEIDA INDIAN NATION COURT PURSUANT TO A COUNTY-TRI-
 BAL DETENTION AGREEMENT BETWEEN THE COUNTY OF MADISON, THE MADISON COUN-
 TY SHERIFF AND THE  ONEIDA  INDIAN  NATION  PURSUANT  TO  SECTION  EIGHT
 HUNDRED FIFTY-FOUR OF THE COUNTY LAW.
   2-V.  THE ONEIDA COUNTY CORRECTIONAL FACILITY MAY ALSO BE USED FOR THE
 DETENTION OF INDIVIDUALS DETAINED AND IMPRISONED UNDER THE AUTHORITY AND
 JURISDICTION OF THE ONEIDA INDIAN NATION COURT PURSUANT TO A COUNTY-TRI-
 BAL DETENTION AGREEMENT BETWEEN THE COUNTY OF ONEIDA, THE ONEIDA  COUNTY
 SHERIFF  AND  THE ONEIDA INDIAN NATION PURSUANT TO SECTION EIGHT HUNDRED
 FIFTY-THREE OF THE COUNTY LAW.
   § 2. Section 500-c of the correction law is amended by adding two  new
 subdivisions 27 and 28 to read as follows:
   27. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN THE COUNTY OF MADI-
 SON  ALL  THE PROVISIONS OF THIS SECTION SHALL EQUALLY APPLY IN ANY CASE
 WHERE THE SHERIFF IS HOLDING A PERSON UNDER THE AUTHORITY AND  JURISDIC-
 TION  OF  THE  ONEIDA  INDIAN  NATION  COURT PURSUANT TO A COUNTY-TRIBAL
 DETENTION AGREEMENT BETWEEN THE COUNTY OF MADISON,  THE  MADISON  COUNTY
 SHERIFF  AND  THE ONEIDA INDIAN NATION PURSUANT TO SECTION EIGHT HUNDRED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14702-03-4
 A. 9441--A                          2
 
 FIFTY-FOUR OF THE COUNTY LAW, AS IF  SUCH  PERSON  HAD  BEEN  JUDICIALLY
 COMMITTED  TO  THE CUSTODY OF THE SHERIFF AND SUCH PERSON MAY BE HELD IN
 THE MADISON COUNTY CORRECTIONAL FACILITY.
   28. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN THE COUNTY OF ONEI-
 DA  ALL  THE  PROVISIONS OF THIS SECTION SHALL EQUALLY APPLY IN ANY CASE
 WHERE THE SHERIFF IS HOLDING A PERSON UNDER THE AUTHORITY AND  JURISDIC-
 TION  OF  THE  ONEIDA  INDIAN  NATION  COURT PURSUANT TO A COUNTY-TRIBAL
 DETENTION AGREEMENT BETWEEN THE COUNTY  OF  ONEIDA,  THE  ONEIDA  COUNTY
 SHERIFF  AND  THE ONEIDA INDIAN NATION PURSUANT TO SECTION EIGHT HUNDRED
 FIFTY-THREE OF THE COUNTY LAW, AS IF SUCH  PERSON  HAD  BEEN  JUDICIALLY
 COMMITTED  TO  THE CUSTODY OF THE SHERIFF AND SUCH PERSON MAY BE HELD IN
 THE ONEIDA COUNTY CORRECTIONAL FACILITY.
   § 3. The county law is amended by adding a new section 853 to read  as
 follows:
   §  853.  ONEIDA COUNTY-TRIBAL DETENTION AGREEMENT. NOTWITHSTANDING ANY
 OTHER INCONSISTENT PROVISION OF LAW, THE AGREEMENT EXECUTED BETWEEN  THE
 COUNTY  OF  ONEIDA  AND THE ONEIDA INDIAN NATION EXECUTED ON MAY TWENTY-
 THIRD, TWO THOUSAND  TWENTY-FOUR,  INCLUDING,  WITHOUT  LIMITATION,  THE
 PROVISIONS CONTAINED THEREIN RELATING TO CONFINEMENT AT THE ONEIDA COUN-
 TY  CORRECTIONAL  FACILITY OF INCARCERATED ADULTS REMANDED BY THE ONEIDA
 INDIAN NATION COURT, SHALL, UPON ITS EFFECTIVE DATE AND  CONTINUING  FOR
 THREE  YEARS  THEREAFTER,  BE  DEEMED  APPROVED, RATIFIED, VALIDATED AND
 CONFIRMED BY THE LEGISLATURE. IT IS THE INTENTION OF THE LEGISLATURE  IN
 ENACTING  THIS SECTION TO ENSURE THAT THE AGREEMENT BE FULLY ENFORCEABLE
 IN ALL RESPECTS AS TO THE RIGHTS, BENEFITS, RESPONSIBILITIES AND  PRIVI-
 LEGES OF ALL PARTIES UNDER THE AGREEMENT.
   §  4. The county law is amended by adding a new section 854 to read as
 follows:
   § 854. MADISON COUNTY-TRIBAL DETENTION AGREEMENT. NOTWITHSTANDING  ANY
 OTHER  INCONSISTENT PROVISION OF LAW, THE AGREEMENT EXECUTED BETWEEN THE
 COUNTY OF MADISON AND THE ONEIDA INDIAN NATION EXECUTED ON  MAY  TWENTY-
 EIGHTH,  TWO  THOUSAND  TWENTY-FOUR,  INCLUDING, WITHOUT LIMITATION, THE
 PROVISIONS CONTAINED THEREIN RELATING  TO  CONFINEMENT  AT  THE  MADISON
 COUNTY  CORRECTIONAL  FACILITY  OF  INCARCERATED  ADULTS REMANDED BY THE
 ONEIDA INDIAN NATION COURT, SHALL, UPON ITS EFFECTIVE DATE AND  CONTINU-
 ING  FOR  TWO  YEARS THEREAFTER, BE DEEMED APPROVED, RATIFIED, VALIDATED
 AND CONFIRMED BY THE LEGISLATURE. IT IS THE INTENTION OF THE LEGISLATURE
 IN ENACTING THIS SECTION TO ENSURE THAT THE AGREEMENT BE FULLY ENFORCEA-
 BLE IN ALL RESPECTS AS TO THE  RIGHTS,  BENEFITS,  RESPONSIBILITIES  AND
 PRIVILEGES OF ALL PARTIES UNDER THE AGREEMENT.
   §  5.  This  act shall take effect immediately; provided, however that
 section three of this act shall expire and be deemed  repealed  May  23,
 2027;  provided  further,  however,  that section four of this act shall
 expire and be deemed repealed May 28, 2026; and provided further, howev-
 er, that the amendments to section 500-c of the correction law  made  by
 section  two of this act shall not affect the repeal of such section and
 shall be deemed repealed therewith.